Nick Drakich sent me the following e-mail
with his overview of the October 4, 2000 discussions on Bill 13.
Also, imediately below the e-mail is a link to the Hansard (official transcript)
for the Oct. 4th meeting.
At the review of Bill 13 on October 4th by the Standing Committee on General Government, there were five presentations all opposing Bill 13. The five people presenting were Bob Cronkwright from American Canadian Underwater Certifications, Randy Giles from the Professional Association of Diving Instructors, Tim Legate from Save Ontario Shipwrecks, Nick Drakich from Kingston Diving Centre, and Brian Taylor from Divercity Dive Charters.
All those presenting, complimented Toby Barrett for his intent on preserving Marine Heritage and promoting Tourism; however, everyone stated their opposition to Bill 13 as it does not serve its intent. All agreed that the presence of the sport divers is needed for preservation and that ownership of the shipwrecks is not needed for preservation. It was pointed out that even the Province of Ontario must go to the Receiver of Wreck to establish ownership as the Great Lakes and St. Lawrence River are under federal jurisdiciton. The Committee asked for their legal advisor to obtain the appropriate information on jurisdiction to be available for the next meeting on October 11th. It was stated by a member of the committee that Bill 13 is not legally viable if federal jurisdiction is in place.
Toby Barrett was given a copy of the revisions to the Canada Shipping Act showing the addition of special protection for heritage shipwrecks. He said that Bill 13 can not go ahead if the federal government has already put legislation in place and that is why he amended section ten of Bill 13 which recognizes that the federal legislation has precedence.
It appears Bill 13 may be rejected and that all concerned will have to focus their efforts on the federal legislation Bill C-35. The federal government is doing these revisions by asking for public input. To view the federal changes to the Canada Shipping Act go to www.tc.gc.ca/canadashippingact/english/intro_e.htm the Transport Canada website.
Please note that the shipwrecks are already protected by law through the Canada Shipping Act and that Bill C-35 is just revising it. Divers need to understand how to work with the Receiver of Wreck to protect their dive sites and how to deal with the federal government to maintain their access to these sites.
Regardless of what happens in legislation, wreck divers will have to play a key part and should maintain their involvement or they will lose their sport.
I hope this information helps you.
Regards,
Nick